STATE OF M P Vs. THAKUR

JUDGEMENT

(1.) This appeal, field by tile State under section 378(1) and (3) of the Code of Criminal Procedure, is directed against the acquittal of respondents for offences punishable under sections 325, 323 and 448, I.P.C by judgment dated 24.4-1982 passed by Smt. B.M. Jha, Judicial Magistrate, Class I, in Criminal Case No. 492 of 1980.

(2.) Prosecution case against the respondents was that complainant Kanhaiya (P.W. 1) while he was going to his house on 2-10-19/10 at about 12 noon was caught hold of by the respondents who dragged him and assaulted him with lathis, as a result of which the said complainant received injuries. One of the injuries was fracture of ulna of right hand. The report of the incident was lodged immediately thereafter vide Ex. P-I and the complainant sent 10 medical examination. X-ray of his right hand was taken by Dr. R.P. Gupta, which revealed the fracture. Thereafter the respondents were put on trial, as aforesaid.

(3.) Learned Judge on examination of oral evidence of Kanhaiya (P.W. 1) and Lodhilal (P.W. 2) held that their evidence when read together revealed inconsistencies and therefore could not be accepted as sufficient to justify a conviction. Other witnesses were not the eye-witnesses of the incident. As far as seizure of lathis was concerned, Ratan (P.W. 9) and Dhanji (P.W. 10) did not support the same and were declared hostile. Under the circumstances, the learned Magistrate held that no offence was proved and therefore the respondents were acquitted.